Legal Opinion

State v. Boyles

Idaho Supreme Court

Decided August 4, 1921PublishedCited by 15 opinions

APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Isaac F. Smith, Judge. Defendant was convicted of grand larceny.

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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Isaac F. Smith, Judge. Defendant was convicted of grand larceny. Where a witness has wilfully sworn falsely in any material matter and it has been so shown to the satisfaction of the jury, the jury is privileged to reject the testimony of such witness except where corroborated by other and reliable evidence; the court in the instruction given by it failed to give said idea except in a modified and misleading manner. (State v. Willis, 24 Ida. 252, 132 Pac. 962; 40 Cye. 2588; 16 C. J. 1017, sec. 2442…

1Opinion of the CourtRice, C. J.

Appellant was convicted of the crime of grand larceny. He specifies as error the refusal of the trial court to give the following requested instruction:

“A witness may be impeached by the party against whom he was called, in various ways:
“This may be done by the introduction of contradictory evidence of other witnesses; or by evidence showing that the general reputation of the witness for truth and veracity is bad; or by the fact of the witness having been convicted of a felony; or by evidence that the witness has made at other times statements inconsistent with the testimony given.”

It was not…

2Cases cited37 opinions

  1. Ingalls v. StateWisconsin Supreme Court · 1880
  2. State v. PalmerSupreme Court of Missouri · 1886
  3. White v. MaxcySupreme Court of Missouri · 1877
  4. Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
  5. State v. WilliamsWashington Supreme Court · 1895

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3Cited by15 opinions

  1. State v. FarnsworthIdaho Supreme Court · 1932
  2. State v. FloryWyoming Supreme Court · 1929
  3. State v. AlvordIdaho Supreme Court · 1928
  4. State v. WilcoxSouth Dakota Supreme Court · 1925
  5. Judd v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1935

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